California legalized lane splitting in 2016 with the passage of AB 51. The law defines lane splitting as driving a motorcycle between rows of stopped or moving vehicles in the same lane. While legal, lane splitting must be done safely. The California Highway Patrol (CHP) previously issued guidelines suggesting: • Lane split only when traffic is moving at 30 mph or less • Do not exceed surrounding traffic by more than 10 mph • Consider road conditions, weather, and traffic patterns • Avoid lane splitting near large vehicles or on curves While these guidelines are no longer official, they represent safe practices that affect liability determinations.
California Lane Splitting Accidents: Know Your Rights After a Crash
California is the only state where lane splitting is explicitly legal. But what happens when a lane splitting accident occurs? Learn about your rights and how liability is determined.
Who Is At Fault in Lane Splitting Accidents?
Liability in lane splitting accidents depends on the specific circumstances: **Drivers may be liable when they:** • Change lanes without checking mirrors or signaling • Open doors without looking (dooring) • Intentionally block motorcycles • Drive erratically or unpredictably **Motorcyclists may share liability when they:** • Lane split at excessive speeds • Filter through fast-moving traffic • Weave erratically between lanes • Fail to use headlights California's comparative negligence system means you can recover compensation even if partially at fault.
Common Lane Splitting Accident Scenarios
The most common lane splitting accidents include: **Side-swipe collisions**: A driver changes lanes without seeing the motorcycle **Dooring accidents**: A driver or passenger opens their door into the path of a filtering motorcycle **Sudden lane changes**: A driver cuts across multiple lanes, hitting a lane-splitting rider **Mirror clips**: The motorcycle's handlebar or mirror catches a vehicle's mirror **Squeeze accidents**: Traffic converges unexpectedly, leaving no room for the motorcycle
Maximizing Your Compensation
If you were injured while lane splitting, take these steps to protect your claim: • Document everything: Photos of the scene, your injuries, and vehicle damage • Get witness statements: Other drivers may have seen what happened • Obtain the police report: This documents the officer's findings • Do not admit fault: Even if you think you might have been partially responsible • Contact a motorcycle accident attorney: An experienced lawyer can investigate and build your case Insurance companies often try to blame lane-splitting motorcyclists for accidents. A skilled attorney knows how to counter these tactics.
Frequently Asked Questions
Is lane splitting legal everywhere in the US?
No, California is the only state where lane splitting is explicitly legal. Some states like Utah and Montana allow limited forms of lane filtering at stops. Lane splitting is illegal or not addressed in most states.
Can I recover compensation if I was lane splitting during my accident?
Yes, you can still recover compensation even if you were lane splitting when the accident occurred. California uses comparative negligence, so your compensation may be reduced by your percentage of fault, but you do not lose your right to recovery entirely.
What if the driver intentionally hit me while I was lane splitting?
Intentionally hitting a motorcyclist is assault with a deadly weapon. You can pursue both a criminal complaint and a civil lawsuit. Intentional acts often result in punitive damages in addition to compensatory damages.
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